H. B. 2184


(By Delegates Richards and Houvouras)
[Introduced February 18, 1993; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article three-c, relating to elevator safety; hiring, certification and suspension of elevator inspectors; registration, inspection and certification of elevators; safety equipment required; enforcement and rules; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article three-c, to read as follows:
ARTICLE 3C. ELEVATOR SAFETY.

§21-3C-1. Definitions.

(1) "Certificate of operation" means a certificate issued by the division of labor authorizing the operation of an elevator which must be conspicuously posted on the elevator at all times.
(2) "Division" means the division of labor.
(3) "Elevator" means all the machinery, construction, apparatus and equipment used in raising and lowering a car, cage or platform vertically between permanent rails or guides and includes all elevators, power dumbwaiters, escalators, gravity elevators and other lifting or lowering apparatus permanently installed between rails or guides, but does not include hand operated dumbwaiters, manlifts of the platform type with a platform area not exceeding nine hundred square inches, construction hoists or other similar temporary lifting or lowering apparatus.
(4) "Freight elevator" means an elevator used for carrying freight and on which only the operator, by the permission of the employer, is allowed to ride.
(5) "Inspector" means a person hired by a county or municipality who has passed the required West Virginia state elevator inspector examination and is thereby qualified to conduct safety inspections on elevators.
(6) "Passenger elevator" means an elevator that is designed to carry persons to its contract capacity.
§21-3C-2. Inspectors; certificates of competency; application; examination; reexamination.

No person may act as an inspector of elevators unless he or she holds a certificate of competency from the division.
Application for examination as an inspector of elevators shall be in writing, accompanied by a fee of ten dollars, upon ablank to be furnished by the division, stating the school education of the applicant, a list of his or her employers, his or her period of employment and the position held with each. An applicant shall also submit a letter from one or more of his or her previous employers certifying as to his or her character and experience.
Applications shall be rejected which contain any willful falsification or untruthful statements. Such applicant, if the division deems his or her history and experience sufficient, shall be tested by means of a written examination dealing with the construction, installation, operation, maintenance and repair of elevators and their appurtenances and the applicant shall be accepted or rejected on the merits of his or her application and examination.
The division shall issue a certificate of competency in the inspection of elevators to any applicant found competent upon examination. A rejected applicant shall be entitled, after the expiration of ninety days, and upon payment of an examination fee of ten dollars, to another examination. Should an applicant fail to pass the prescribed examination on second trial, he or she will not be permitted to be an applicant for another examination for a period of one year after the second failure.
Any person hired as an elevator inspector by a county or municipality must possess a certificate of competency issued by the division.
§21-3C-3. Suspension or revocation of certificates.
A certificate to serve as an inspector may be suspended or revoked by the division for the incompetence or untrustworthiness of the holder thereof, or for the falsification of any matter or statement contained in his or her application or in a report of any inspection.
§21-3C-4. Registration of elevators; notification to counties and municipalities.

The owner or operator of any elevator shall register with the division every elevator operated by him or her, giving the type, capacity and description, name of manufacturer, and purpose for which each is used. Such registration shall be made on a form to be furnished by the division. The division shall forward a list of these elevators to the county or municipality wherein said elevators are located.
§21-3C-5. Powers and duties of counties and municipalities; annual inspections required.

A county or municipality may hire its own elevator inspector or contract with any person who possesses a West Virginia elevator inspector's certificate of competency issued by the division. The county or municipality shall ensure that every passenger elevator or escalator is inspected annually. All freight and other elevators may be inspected on a regular basis as determined by the county or municipality.
§21-3C-6. Report of inspection; hearing on construction plans and specifications; findings and orders of division.

Every inspector shall forward to the division and to the county or municipality wherein the elevator is located a full report of each inspection made of any passenger elevator, showing the exact condition of the elevator, and the inspector shall leave a copy of the report at the elevator on the day the inspection is completed.
If any passenger elevator requires certain changes or repairs to make it reasonably safe to operate, such recommendations shall be made by the inspector upon his or her report and a copy of such report as approved by the division shall be given to the owner or operator of such elevator, and unless appealed, upon compliance therewith, and upon the payment of the fees required by law, the division shall issue a certificate of operation for a capacity not to exceed that named in the report of inspection, which certificate is valid for one year after the date of inspection.
If construction plans or an application of specifications is not approved in accordance with section nine of this article, the division shall state in writing the necessary changes to obtain approval and the owner or operator shall be given a copy thereof, and unless appealed, upon compliance therewith, the division shall approve such plans or specifications and issue a permit for construction.
Such owner or operator, within twenty days from receipt of the copy of such report or statement of changes in plans or specifications, may make written application to the division,upon forms to be furnished by the division for a hearing on the report or the statement regarding changes in plans or specifications as to whether the elevator in question is reasonably safe or whether the elevator is constructed in accordance with such plans and specifications would be reasonably safe. The division shall promptly consider such application and proceedings consistent with the provisions of this section.
If it appears from the evidence that the elevator will be reasonably safe to operate without such changes or repairs as shown in such report or by making only a part or all thereof, or if none or only part of all the changes in the plans or specifications are found necessary to make the elevator reasonably safe, the division shall make its finding and order accordingly. If such finding and order requires changes or repairs to be made in the elevator or changes in the plans or specifications, the division shall, upon the payment of the required fees, issue a certificate of operation when such order has been executed or issue its approval of the plans or specifications. If the finding and order of the division has been affirmed or modified by appeal, on the grounds of reasonable safety considered by the division, then the division shall, upon compliance with such order, and the payment of required fees, issue such certificate of operation or issue its approval of the plans and specifications but, if such finding and order of the division has been vacated such certificate of operation, upon the payment of fees or such approval of plans and specificationsshall be issued forthwith. No elevator may be operated after being inspected without having such certificate of operation conspicuously posted thereon, except pending a hearing on the issuance thereof.
§21-3C-7. Safety equipment.

Every passenger elevator shall be equipped, maintained and operated, with respect to the supporting members, elevator car, shaftways, guides, cables, doors and gates, safety stops and mechanism, electrical apparatus and wiring, mechanical apparatus, counterweights and all other appurtenances in accordance with the rules as are authorized in respect thereto. Where reasonable safety is obtained without complying to the literal requirements of such rules as in cases of practical difficulty or unnecessary hardship, the literal requirements of such rules are not required.
§21-3C-8. Certificate of operation; renewal.

No certificate of operation for any passenger elevator may be issued until such elevator has been inspected and the report thereof filed with the division. Such certificate of operation, when issued, shall bear the date of inspection and shall be renewed as of the date of the subsequent inspection if such inspection is made at least one year after the issuance of such certificate. If such inspection is made during the year such certificate is in force, the renewal date shall be one year from the date of the certificate being renewed and the renewal certificate shall show the date of inspection.
§21-3C-9. Permits for erection or repairs.

Before any new elevator of a permanent nature is erected or before any existing elevator is removed to a different location, an application of specifications in duplicate shall be submitted to the division giving such information concerning the construction, installation and operation of the elevator as the division may require on forms to be furnished by the division, together with complete construction plans in duplicate. In all cases where any changes or repairs are made which alter the elevator's construction or classification, grade or rated lifting capacity, except when made pursuant to a report of an inspector, an application containing such information and specifications in duplicate shall be submitted to the division. Upon approval of such application and construction plans, the division shall issue a permit for the erection or repair of such elevator. No new elevator may be operated until completion, in accordance with the approved plans and specifications, unless a temporary permit is granted by the division.
§21-3C-10. Enforcement; notice of defective machinery.

If the division or inspector finds that a passenger elevator or a part thereof does not afford reasonable safety, the division or the inspector may post a notice upon such elevator prohibiting further use of the elevator until the changes or alterations set forth in the notice have been made to the satisfaction of the division or the inspector. The notice shall contain a statement that operators or passengers are subject to injury by itscontinued use, a description of the alternation or other change necessary to be made in order to secure safety of operation, date of such notice, name and signature of inspector issuing the notice.
If any inspector finds a passenger elevator to be so unsafe as can be reasonably expected to offer imminent danger of death or physical injury that unit shall be sealed out of service, a hazard notice posted thereon and the division shall be notified immediately as to the location and condition of the unit.
Any passenger elevator, once sealed, may not be operated except for the purpose of effecting repairs and in such a manner as prescribed by the division, until all defects are corrected and the unit has been inspected and certified as safe by the division.
Sealing shall consist of rendering a passenger elevator unit inoperable by disconnecting power or by placing a sealing device on the operation switch and ordering such additional measures to be effected by the owner, such as erection of barricades, as may be required to prevent use of or public access to the unit.
No seal, notice or barricade placed on or around an elevator in accordance with the provisions of this article may be removed, obstructed or in any way altered without the written consent of the division.
§21-3C-11. Rules.

The division shall promulgate rules pursuant to the provisions of chapter twenty-nine-a of this code exclusively forthe safety and inspection of passenger elevators. The division may prescribe by rule the fee to be charged for each inspection. All fees established and regulated by this section shall be payable to the division except as may be provided in a specific written agreement between the division and the counties or municipalities wherein the elevators are located.
§21-3C-12. Penalties.

Any person who violates any provision of this article or any directive or order issued pursuant thereto is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one thousand dollars. Each day the violation continues constitutes a separate offense. All fines collected for violation of this section shall be forwarded to the division, which shall pay the same into the state treasury to the credit of the school fund.



NOTE: The purpose of this bill is to establish guidelines for elevator safety in the state and to provide for inspection of elevators and the hiring and certification of elevator inspectors.

This article is new; therefore, strike-throughs and underscoring have been omitted.